Article 12 of the Saudi AIDS Prevention Law
المادة 12 من نظام الوقاية من متلازمة العوز المناعي المكتسب الإيدز وحقوق المصابين وواجباتهم
The article provides that resident persons living with AIDS who have no outstanding claims are deported, after their rights are settled, immediately to their own countries or any country they choose, and their cases are considered urgently.
Official text (Arabic)
This article has not been amended since the law was issued.
يتم ترحيل المقيمين المصابين بفيروس الإيدز وغير المطالبين بحقوقٍ خاصة- بعد تصفية حقوقهم- إلى بلدانهم فوراً أو أي بلد آخر يختارونه، وتنظر حالات المصابين بهذا المرض على وجه الاستعجال.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 12 explained in plain English
This article deals with the status of residents living with the AIDS virus, that is, non-citizens residing in the Kingdom.
The rule: residents living with the AIDS virus are deported.
The controls the text mentions:
- Those with no special claims: the text speaks of infected residents who are not claiming special rights.
- After their rights are settled: deportation takes place only after the resident's rights are settled, so the resident is not deported before receiving what is owed.
- Destination of deportation: to their own countries immediately, or to any other country they choose.
- Urgency: the cases of those living with this disease are considered urgently.
Meaning of urgency: the article combines deportation with safeguarding the resident's rights, and urgent consideration of their cases achieves both: the procedures for settling their rights are not prolonged, and their deportation is not delayed. The text does not specify the body that considers these cases or the period meant by urgency.
Relation to other articles: this article is connected to Article 13, which obliges the Ministry to test those coming to the Kingdom for work or residence to ensure they are free of infection, and refers to the Implementing Regulations the procedures, controls and effects resulting from testing. It also sits alongside Article 11, which gives victims of deliberate or mistaken transmission the right to apply for compensation.
A resident living with the virus who has financial rights or dues to settle before leaving would be well advised to consult a lawyer who specializes in health regulations or in international matters and foreign investment.
Practical example
A resident worker in Jeddah is found to be living with AIDS and is owed dues by the company he works for. Under the article, he is deported to his own country or any other country he chooses after his rights are settled, and his case is considered urgently.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentGeneral Practice lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
General Practice lawyers
Lawyers who handle this kind of case
Abdullah Al-Saleh Law Office for Law and Legal Consultancy
khobar Notary
Frequently asked questions about Article 12 of the Saudi AIDS Prevention Law
Are residents living with AIDS deported?
Yes. Residents living with the AIDS virus who are not claiming special rights are deported after their rights are settled.
Is an infected resident deported before receiving his dues?
No. The text makes deportation come after their rights are settled, with their cases considered urgently.
Can an infected resident choose the country he is deported to?
Yes. He is deported immediately to his own country or any other country he chooses.
More articles on Duties of Infected Persons and Medical Isolation
- Article 14
The article allows isolating a person living with the disease or restricting their residence in a health facility on the recommendation of the competent physician if their condition requires, obliges them not to transmit infection, and requires isolating an infected convict from other prisoners.
يعزل المصاب أو تحدد إقامته في منشأة صحية - بناًء على توصية من الطبيب المختص- إذا كانت حالته توجب ذلك، وعليه الالتزام بعدم نقل العدوى إلى غيره. وإذا كان المصاب م
- Article 18
The article binds a person living with AIDS to follow the preventive guidance set by the health bodies and not to deliberately transmit infection to others.
على المصاب أن يلتزم بالإرشادات الوقائية التي تقررها الجهات الصحية, وعليه الالتزام بعدم تعمد نقل العدوى إلى غيره.
- Article 19
The article provides that an infected person doing work in which it is feared they may infect others is moved to the nearest suitable work, and refers the work prohibited to the infected and its procedures to the Implementing Regulations.
إذا كان المصاب يقوم بعمل يخشى معه أن يعدي غيره, فينقل إلى أقرب عمل مناسب. وتحدد اللائحة الأعمال المحظورة على المصابين والإجراءات الواجب اتباعها في هذا الشأن.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.